Legal Question in Family Law in Wisconsin

Prenuptial agreement

I am getting married in 2000 and am wondering if an agreement signed and notorized by ourselves is just as legally binding as an attorney written agreement concerning prenups.


Asked on 1/21/99, 11:32 am

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Re: Prenuptial agreement

If an agreement meets the legal requirements then it is just as binding. However, a prenuptial

agreement is a complicated concept. In my state, the agreement must be fair at the time of creation

and at the time of enforcement. This means that it must be drafted with a view to the future. If the

agreement is important to you then you should have a lawyer review it to increase the likelihood that a

court will enforce it in the future. THIS COMMUNICATION DOES NOT CONSTITUTE THE CREATION

OF AN ATTORNEY-CLIENT RELATIONSHIP. Legal rights vary greatly depending on specific facts,

and it is impossible on the basis of the recitation of a few facts to determine whether or not an

individual has a viable case, what is the full range of options, or what limitations exist which may bar an

individual's potential claims. ON THE BASIS OF THE INFORMATION PROVIDED TO ME, I

RECOMMEND THAT YOU PROMPTLY CONSULT AN ATTORNEY TO DETERMINE THE SCOPE OF

LEGAL RECOURSE, IF ANY, YOU MAY HAVE. YOU SHOULD NOT RELY ON ANYTHING I HAVE

STATED AS ADVICE TO DO ANYTHING OTHER THAN TO CONSULT AN ATTORNEY TO DISCUSS

FULLY AN APPROPRIATE COURSE OF ACTION.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road


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Answered on 1/31/99, 10:36 pm
Jed Somit Jed Somit, Attorney at Law

Re: Prenuptial agreement

Yes, an agreement drafted without a lawyer is just as binding.

However, the agreement must satisfy State law (I do not know Wisconsin law), which often requires a complete

disclosure of all assets and liabilities, and an opportunity to

seek legal counsel. There are also limits on what can be agreed to; for example,

I doubt any state will accept an agreement limiting child support for a child born

to the marriage. Many states will not allow a limitation or prohibition on

spousal support. If there is sufficient property or earning power involved to make a prenuptial agreement useful, you

should consult a local attorney.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


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Answered on 1/28/99, 8:16 pm


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